| 16 | | - | (d) The plan of operation must provide that certification |
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| 17 | | - | that a structure meets the fortified home, multifamily, or |
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| 18 | | - | commercial construction standards published by the Insurance |
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| 19 | | - | Institute for Business and Home Safety or its successor entity is an |
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| 20 | | - | alternative to a certificate of compliance issued under Section |
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| 21 | | - | 2210.2515 for purposes of Section 2210.258. |
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| 22 | | - | SECTION 2. Section 2210.258, Insurance Code, is amended by |
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| 23 | | - | amending Subsections (a) and (b) and adding Subsection (e) to read |
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| 24 | | - | as follows: |
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| 25 | | - | (a) Except as provided by Subsections (c), [and] (d), and |
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| 26 | | - | (e) and notwithstanding any other provision of this chapter, to be |
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| 27 | | - | eligible for insurance through the association, all construction, |
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| 28 | | - | alteration, remodeling, enlargement, and repair of, or addition to, |
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| 29 | | - | any structure located in the catastrophe area that is begun on or |
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| 30 | | - | after the effective date of Sections 5 through 49, H.B. 4409, 81st |
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| 31 | | - | Legislature, Regular Session, 2009, must be performed in compliance |
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| 32 | | - | with the applicable building code standards, as set forth in the |
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| 33 | | - | plan of operation. |
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| 34 | | - | (b) Except as provided by Subsections (c), [and] (d), and |
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| 35 | | - | (e), the association may not insure a structure described by |
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| 36 | | - | Subsection (a) until a certificate of compliance has been issued |
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| 37 | | - | for the structure in accordance with Section 2210.2515. |
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| 38 | | - | (e) The association may insure a structure constructed, |
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| 39 | | - | altered, remodeled, enlarged, repaired, or added to on or after |
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| 40 | | - | June 19, 2009, for which a certificate of compliance has not been |
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| 41 | | - | issued in accordance with Section 2210.2515, provided that the |
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| 42 | | - | department and the association have received a certification that |
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| 43 | | - | the structure was constructed in accordance with or retrofitted to |
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| 44 | | - | meet the fortified home, multifamily, or commercial construction |
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| 45 | | - | standards published by the Insurance Institute for Business and |
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| 46 | | - | Home Safety or its successor entity. |
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| 47 | | - | SECTION 3. Section 2210.259, Insurance Code, is amended by |
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| 48 | | - | adding Subsection (d) to read as follows: |
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| 49 | | - | (d) This section does not apply to an insurance policy |
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| 50 | | - | insuring a structure eligible for coverage under Section |
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| 51 | | - | 2210.258(e). |
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| 52 | | - | SECTION 4. (a) The changes in law made by this Act apply |
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| 53 | | - | only to a structure constructed, altered, remodeled, enlarged, |
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| 54 | | - | repaired, or added to on or after the effective date of this Act. |
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| 15 | + | (d) The plan of operation must provide that new structures |
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| 16 | + | certified to have been constructed in accordance with the fortified |
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| 17 | + | home, multifamily, or commercial construction standards published |
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| 18 | + | by the Insurance Institute for Business and Home Safety or its |
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| 19 | + | successor entity are deemed to meet the association's underwriting |
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| 20 | + | standards. |
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| 21 | + | SECTION 2. (a) Section 2210.152(d), Insurance Code, as |
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| 22 | + | added by this Act, applies only to a structure constructed on or |
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| 23 | + | after the effective date of this Act. |
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